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Cicchini on Prosecutorial Misconduct in Closing Arguments

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Michael D. Cicchini has posted Combating Prosecutor Misconduct in Closing Arguments (Oklahoma Law Review, Vol. 70, No. 3, Forthcoming) on SSRN. Here is the abstract: Prosecutor misconduct in closing argument is rampant. Prosecutors make improper arguments because it is a...

DPS Increasing Efforts to Curb Drunk Driving over Labor Day Weekend

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The Minnesota Department of Public Safety (DPS) Office of Traffic Safety announced it will increase DWI enforcement between August 18th and September 3rd (Labor Day). More than 300 law enforcement agencies will be increasing officer presence and enforcement during this time as part of a broader effort to protect Minnesotans from drunk driving. In the […] The post DPS Increasing Efforts to Curb Drunk Driving over Labor Day Weekend appeared first on Minneapolis DWI Lawyer Douglas T. Kans.

Attacking the Walk-and-Turn and One-Leg Stand Standardized Field Sobriety Tests

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Of the three standardized field sobriety tests, two are considered divided attention tests: The Walk-and-Turn and One-Leg Stand. The key to attacking these tests is to understand the clues the officer is looking for during these test as well as whether the tests are being performed in a standardized manner. If you have not taken NHTSA’s Student Course on DUI Detection and Standardized Field Sobriety Tests then this is a must if you routinely handle DWI cases. The student manual used during the course will become your Bible for attacking cases where the officer does not carry these tests out correctly. The manual specifically discusses the instructions, demonstrations, and interpretations of clues for each SFST. If the tests are not performed correctly, remind the judge or jury during closing: “These tests are supposed to be administered in a very specific way. They are standardized field sobriety tests and must be performed in a very specific manner. Since the…

RCC South - fatal crash, state highway 51, milepost 1

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 08/30/2017 1:50 pm Please direct questions to the District Office On August 30, 2017, at 2:23 a.m., the Idaho State Police investigated a fatality crash on state highway 51 at milepost 1, in Owyhee County. Armand Mason ,36, of Mountain Home, Idaho, was driving a Toyota Tundra northbound on state highway 51 when he crossed over center and collided with a construction sweeper driven by James Cole, 29, of Declo, Idaho. Mason lost control and rolled off the shoulder of the road. Mason was ejected and succumbed to his injuries at the scene. Mason was not wearing a seatbelt. Cole was not injured. Next of kin have been notified. 4033/3643 -------------

Child Pornography Arrests Increase in Baltimore County and Throughout the State

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Representation in cases involving Possession and Distribution of Child Pornography require expertise that only an Aggressive Criminal Law Specialist can provide.  I am a full time Maryland Criminal Attorney and former Baltimore County Assistant State’s Attorney with more than 20 years of experience.  Throughout my career as a prosecutor and full time criminal defense attorney,  I have handled hundreds of cases involving the Possession and/or Distribution of Child Pornography in Baltimore County and across the State.  Over the last 20 years I am aware of no other criminal attorney in the state who has handled more of these cases than I have along with my partner, Former Assistant United State’s Attorney and Chief of the Sex Offense Unit,  Andrew C. White.   As I have written before on this blog, these cases are prosecuted extremely aggressively and often result in substantial state and federal prison sentences.  This is…

CPS Investigations: When to Seek Legal Help

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If Child Protective Services (CPS) is investigating you, it’s usually because someone reported his or her beliefs that your child is neglected or abused. You may never know who made the report: perhaps it was a neighbor, a family member, a police officer, a teacher, or a doctor. Sometimes, even strangers contact CPS about their more > The post CPS Investigations: When to Seek Legal Help appeared first on The Law Office of Matthew D. Sharp.

Texans contributed to community corrections 'consensus'

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There were some familiar Texan faces involved with coming up with a consensus document on community corrections at Harvard's Kennedy School of Government. See commentary at the Marshall Project, an overview of the process, and the consensus document itself.

Smith on Overfederalization

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Stephen F. Smith (Notre Dame Law School) has posted Overfederalization on SSRN. Here is the abstract: Since the 1960s, Congress has steadily expanded the crime-fighting reach of the federal government. Unfortunately, the constant drumbeat to “federalize” criminal law by passing...

Man Kills Former Neighbor With Ax After Accusing Him Of Sexual Abuse: 'I Killed My Pedophile'

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8-30-17 Minnesota: A man allegedly murdered his former neighbor on Friday by chopping him up with an ax-like tool known as a splitting maul. Mitchell Edward Hoogenakker, 24, has been arrested for the death of 67-year-old John Gallagher. The murder marks the first homicide in Hopkins, Minnesota since 2009. The wife of the victim said her husband was dragged out of the house by Hoogenakker,

Fake Businesses, Fake Employees, Fake Mortgage Applications

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Mortgage Fraud Blog. Ralph Christopher Cirino was indicted in the Eastern District of Pennsylvania on six counts of mail fraud, four counts of misrepresentation of a social security number, four counts of wire fraud, two counts of making false statements in mortgage loan applications and one count of unlawful possession of authentication feature. According to the indictment, Cirino […] The post Fake Businesses, Fake Employees, Fake Mortgage Applications appeared first on Mortgage Fraud Blog.

Can I Get a Job With a DUI on My Record?

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If you have been convicted of driving under the influence, you may have asked yourself, “Can I get a job with a DUI?” Regardless of whether your conviction resulted in a misdemeanor or felony, potential employers may be cautious or even resistant to hiring you for an available position. DUI convictions are serious and can [...]The post Can I Get a Job With a DUI on My Record? appeared first on Columbus Criminal Attorney.

Can I Legally Record Conversations With People Without Them Knowing?

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There are many reasons why you may be interested in recording a conversation with other people. You may be a journalist, looking for the inside scoop on a story. You might believe someone has done something wrong and you want to get them admitting their... The post Can I Legally Record Conversations With People Without Them Knowing? appeared first on McKneely Law Firm.

"WE ONLY KILL BLACK PEOPLE"

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Michigan Man Assaulted By Police Officer During Arrest is Acquitted

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The young man was accused of resisting and obstructing an officer, but was later acquitted.   Have you ever had one of those days where you get up in the morning expecting the day to go one way, and at some point an isolated incident sends it careening off in a totally unexpected direction? 20-year-old Diante Churchwell did. On July 10, 2017, the young Michigan man got out of bed and went about his business. The last thing he expected was to be arrested. Especially given the fact that he hadn’t committed a crime.   Churchwell’s younger brother was arrested that day as well. In fact, he was arrested first, by a Kalamazoo police officer, allegedly for possession of narcotics. Churchwell, who was present at the time, was upset. He wanted to know why his younger brother was being put in handcuffs. He approached the officer and asked what was going on. The ensuing altercation was recorded by a civilian witness.   Churchwell was upset. He raised his voice…

What You Need to Know About School Zones and Buses

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© marketing for Andrew Flusche, 2017. | Permalink | No comment | Add to del.icio.us Post tags: Feed enhanced by Better Feed from Ozh The post What You Need to Know About School Zones and Buses appeared first on Andrew Flusche.

Dealing With Domestic Abuse Charges in MA

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People make mistakes, and couples fight. When that fighting becomes physical, criminal charges may follow. But what if you were both drinking and things just got a little out of control; she pushed you and you pushed her back. Nobody got hurt, but in her intoxicated state, she called the police. When the officers arrived, she exaggerated the situation, saying you pushed her into the wall and her head has been throbbing ever since. You are arrested and charged with domestic abuse. In the light of day, she regrets what she did…but it’s too late. Or is it? Record Create a written record of the night’s events. If police ignored your claims during the arrest, they may not have written an accurate report. With time, even your memory about the situation will begin to fade. Write down what happened as soon as you can. A MA defense attorney can help you protect your rights, reputation and freedom if you’ve been charged with domestic abuse. Witnesses If anyone…

CA11: Information gathered from private search could be used getting SW

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Defendant had rented his condomium to a woman who moved her stuff in. In the process, she bumped a door frame, and three USB drives fell to the floor. She looked from where they came and found two more. He … Continue reading →

Been Charged With Criminal Harassment in MA? Here’s What You Need to Know.

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The term harassment can be used to define many types of criminal behavior, including stalking and infliction of emotional distress. There is also civil harassment, which is often referred to in workplace contexts. For example, when a female worker is fired because she didn’t respond to her male superior’s requests for a date, this may be a form of workplace sexual harassment. Although this type of civil harassment is unlawful, it is not punished as a criminal act. The male superior might lose his job, but he isn’t likely to go to jail. In MA, you may be convicted of criminal harassment if the prosecution can show that you willfully and maliciously engaged in conduct that would cause emotional distress in a reasonable person. Typically, the defendant and the victim know each other. In many cases, harassment follows the end of a romantic relationship. Maybe the person who broke it off no longer wanted to be contacted, but the other person wasn’t ready to…

Monahan on Risk Assessment in Sentencing

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John Monahan (University of Virginia School of Law) has posted Risk Assessment in Sentencing (Academy for Justice, a Report on Scholarship and Criminal Justice Reform (Erik Luna ed., 2017, Forthcoming)) on SSRN. Here is the abstract: One way to reduce...

When a Person has the Right to Counsel

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While many people are familiar with the line from Miranda Warnings that a person has “the right to an attorney,” a large number of individuals have questions about when exactly the right to an attorney arises. Because the legal system is particularly complicated, it is important for individuals to have an understanding about when to assert their right to counsel. What the United States Constitution Says Under the Fifth Amendment to the United States Constitution, criminal defendants have the right to an attorney. This right arises out of a person’s Fifth Amendment privilege against self-incrimination. There are two factors to analyze when determining whether a person has the right to an attorney – if the defendant is in custody and if the defendant is being interrogated. In addition to the Fifth Amendment, a person’s Sixth Amendment rights state that a person has a right to counsel after having been formally charged with a crime. It can…
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